Interactions of political stakeholders and actors in rights and justice

Rights

Justice, including political and social

Liberty

Equality

**Rights** are justified claims or entitlements. They protect what people may do, possess or receive, while placing corresponding duties on other people or institutions. Their meaning remains contested: political actors disagree about the source of rights, who holds them and when limits are justified.

### Competing meanings

Some understand rights as inherent to every human being. Others see them as legal guarantees created and enforced by political institutions. The first view supports universal standards. The second stresses that rights have little practical value unless laws, courts and authorities can uphold them.

Rights may shield individuals from interference, as with freedom of expression. They may also secure access to essential conditions such as education and healthcare. Peoples or communities can make collective claims too, especially when culture, land or self-determination is at stake.

Conflicts between rights are common. Freedom of expression may clash with protection from discrimination, religious freedom with gender equality, and privacy with public security. Power shapes how these disputes are settled. Institutions determine which claims receive recognition, whose interpretation carries authority and whether restrictions are proportionate.

### Contested perspectives

From a liberal perspective, rights safeguard individual autonomy and limit state power. Feminist analysis questions whether seemingly neutral rights protect people equally in practice, particularly when private relationships or social structures reproduce gendered power.

Constructivists argue that understandings of rights shift as social norms change. Postcolonial perspectives support protection against oppression, but question whether powerful states sometimes treat their own interpretation of rights as universal while overlooking colonial histories and unequal global power.

### Recent examples

In **France in 2024**, Parliament placed a guaranteed freedom to obtain an abortion in the Constitution. Supporters framed the change as protection of bodily autonomy against future political change. Opponents argued that constitutional recognition placed one rights claim above moral claims concerning prenatal life.

In **Uganda in 2023**, the Anti-Homosexuality Act imposed severe penalties for specified same-sex conduct. The government and its supporters defended the law by appealing to sovereignty and locally grounded moral norms. Ugandan activists, UN bodies and foreign governments argued instead that it violated rights to dignity, privacy, equality and freedom from discrimination. The dispute exposes the tension between universal rights claims and cultural or majoritarian arguments.

Rights connect directly to justice because recognition doesn’t guarantee fair enforcement. They also rely on liberty and equality. A person may formally hold a right yet lack the freedom or resources to exercise it.

**Justice** means treating people fairly and distributing rights, responsibilities, opportunities, benefits and burdens in a fair way. The idea remains contested, since different principles lead to different judgments about what fairness demands.

### Political and social justice

**Political justice** deals with fairness in political institutions and decision-making. It covers equal standing before the law, meaningful participation, accountable government and fair access to political power.

**Social justice** focuses on the distribution of opportunities, resources and social burdens. Rather than simply applying identical rules to unequal circumstances, it asks whether institutions let people participate in society with dignity.

| Approach | Central concern | Main point of disagreement |
|---|---|---|
| **Egalitarian justice** | Reducing unjust differences in resources, opportunities or power | Whether fairness requires equal treatment, equal opportunity or more equal outcomes |
| **Cosmopolitan justice** | Treating every person as having equal moral worth regardless of nationality | Whether duties to humanity can override special duties to citizens |
| **Ecological justice** | Fairly distributing environmental benefits, damage and decision-making power | How responsibility should be shared across states, communities and generations |

Egalitarian policies may involve unequal assistance—for example, giving greater support to groups that face entrenched disadvantage. Cosmopolitan justice takes moral concern beyond state borders. Ecological justice, meanwhile, links human welfare with environmental harm and long-term sustainability.

### Contested perspectives

Liberals tend to associate justice with impartial institutions, rights and fair opportunities. Egalitarian thinkers respond that legal fairness isn’t enough when large material inequalities shape who can actually exercise those rights.

Feminist perspectives draw attention to unpaid care, gendered violence and exclusion from decision-making. Formally equal rules can hide each of these. Postcolonial analysis argues that present inequalities cannot be judged fairly without considering conquest, extraction and the continuing influence of colonial institutions. Realists take a more sceptical view of cosmopolitan justice because states usually put national interest and obligations to their own citizens first.

### Recent examples

In **South Africa, the final reports of the Zondo Commission were delivered in 2022** after investigating state capture and corruption. Calls for accountability expressed political justice: public authority should not fall under private control, while politically connected actors should still be subject to law. Critics who saw subsequent accountability as too slow showed that establishing facts alone does not repair unequal power or restore legitimacy.

In **2023, Vanuatu and other Pacific states secured a UN General Assembly resolution requesting an International Court of Justice advisory opinion on states’ climate obligations**. This initiative reflects ecological and cosmopolitan justice, as communities that contributed little to climate change sought stronger responsibilities from major emitters. Supporters viewed climate harm as an issue of rights and unequal vulnerability. States, however, remain divided over the scope of responsibility and the consequences of historical emissions.

Justice connects the rights and justice thematic study with development and sustainability. Economic policy can distribute opportunity, but it can also shift environmental costs onto marginalized communities. There is also a link to peace and conflict: perceived injustice can weaken legitimacy and encourage resistance, whereas fair institutions can support non-violent dispute resolution.

**Liberty** describes a condition in which people can choose and act without unjustified restraint or domination. The debate focuses on which limits are justified. It also asks whether genuine freedom depends only on non-interference or requires the practical capacity to act.

### Individual freedom

Individual freedom covers control over one’s body and personal life. It also includes freedom of movement, belief, expression, association and political participation. Although these freedoms limit coercive power, they are rarely considered absolute.

Governments may limit liberty to protect public order, security, health or the rights of others. Politically, the key questions are whether the restriction serves a lawful purpose, is genuinely necessary and goes no further than required. Even without direct state prohibition, poverty, discrimination or dependence can weaken formal freedom.

### Contested perspectives

Liberal perspectives presume that individuals should be free to choose and place the burden on the state to justify coercion. Realists and security-focused governments put more weight on order and state survival, particularly during emergencies.

Feminist perspectives draw a distinction between formal freedom and effective autonomy. A legal choice may have little value when violence, economic dependence or unequal care responsibilities constrain it. Constructivists argue that societies produce ideas about acceptable conduct. Definitions of liberty therefore shift as norms concerning gender, religion and public dissent change.

### Recent examples

The **Woman, Life, Freedom protests in Iran beginning in 2022** followed the death of Mahsa Jina Amini after the morality police detained her. Protesters linked bodily autonomy and freedom of expression with wider demands for political change. The state, by contrast, defended its restrictions through law, religious authority and public order. Its coercive response showed how disputes over personal liberty can develop into challenges to state legitimacy.

In **El Salvador, a state of exception introduced in 2022** permitted extensive detention and reduced ordinary procedural protections as part of a campaign against gangs. Supporters stressed residents’ freedom to live without gang intimidation and credited strong state action with restoring security. Human-rights organizations instead drew attention to arbitrary detention and weakened due process. Here, liberty was framed both as protection from non-state violence and as protection from excessive state power.

Liberty is inseparable from rights because legal rights create protected areas of action. It is also tied to equality. Formally identical freedoms can produce unequal results when some groups have fewer resources, less security or less political influence.

**Equality** holds that people have equal moral worth and should not be subjected to unjust differences in status, treatment, opportunity or access to power and resources. Most disagreement isn’t about whether equality matters. It centres on what should be equal and which differences can be justified.

### Different meanings of equality

| Meaning | What it requires | Central limitation |
|---|---|---|
| **Formal equality** | Everyone has the same legal status and is subject to the same rules | Treating people identically can preserve existing disadvantage |
| **Equality of opportunity** | Everyone has a fair chance to pursue positions or benefits | Outcomes can remain highly unequal when starting points differ |
| **Substantive equality** | Measures reduce the effects of entrenched disadvantage | Targeted or preferential policies may be criticized as unfair |
| **Equality of outcome** | Resources, influence or welfare are distributed more equally | Strict equality can overlook choice, need or different contributions |

Equality doesn’t always require uniform treatment. To tackle barriers faced by particular groups, substantive equality may call for different treatment, including targeted representation or support.

### Contested perspectives

Liberal approaches stress equal rights, non-discrimination and fair opportunity. Liberals still disagree, however, about the amount of redistribution required. Egalitarian perspectives focus more closely on unequal outcomes and concentrations of economic or political power.

Feminist analysis examines how institutions reproduce gender hierarchies, even when the law uses neutral language. Postcolonial perspectives concentrate on inequalities created by racial classification, dispossession and colonial economic structures. Realists tend to view equality between states as a legal principle limited by stark differences in military and economic power.

### Recent examples

**India’s Constitution (106th Amendment) Act of 2023** provides for one-third of seats in the lower house of Parliament and state legislative assemblies to be reserved for women once its implementation conditions are met. Supporters regard reserved representation as substantive equality, since formal voting rights haven’t led to equal access to political office. Critics challenge the delayed implementation and question whether quotas address deeper party and social power structures.

In **Brazil in 2023**, legislation renewed and revised the quota system for federal universities and technical institutions. It retained targeted access for students from public schools and specified disadvantaged groups. Supporters argue that this policy responds to persistent racial and socioeconomic inequalities caused by unequal starting conditions. Opponents question group-based preferences or favour criteria based on income, revealing the conflict between identical treatment and corrective justice.

Equality links to social justice because decisions about fair distribution depend on which form of equality takes priority. It also affects liberty. Redistribution and anti-discrimination measures may increase effective freedom for disadvantaged groups, while opponents may argue that extensive state intervention limits individual choice.

Global Politics

Global Politics examines contemporary political issues and power dynamics at local, national, and international levels. The course encourages students to critically analyze global challenges, understand different political perspectives, and develop skills in political analysis and international relations.

2.1 Contested meanings: rights, justice, liberty, equality

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